A new regulation issued November 7 requires sponsoring companies to transact directly with the Directorate General of Immigration (DGI) to submit applications involving their foreign employees. Third-party agents will no longer be allowed to perform these services on behalf of foreign nationals.

Processes likely affected by this change include the Telex-VITAS (pre-approval letter for entry visa), Stay Permit (KITAS) and Cancellation (EPO) of KITAS, which historically have been permitted to be processed entirely by third-party agents. Background

Although the DGI announced that this change will take effect on November 14, 2016, some local Immigration offices are already implementing the regulation. In the meantime, feedback from companies and businesses adversely affected by this decision may still cause the DGI to reconsider and amend or cancel its implementation.

Furthermore, given that the regulation has come from the DGI, it is not yet clear whether this process will be extended to the submission of applications at the Ministry of Manpower (MOM), which would include applications such as the Foreign Manpower Utilization Plan (RPTKA), or Work Permit (IMTA).

What This Means for Employers

When this regulation is fully implemented, company representatives will have to appear in person to submit applications at the DGI or local Immigration offices. Fragomen can still assist with the automated portions of any given application process (such as online submissions or registrations and docket submissions, etc.) and the compilation/collation of the submission package (including accompanying the company representative to the relevant office, as far as permitted, to provide support).

Fragomen will provide guidance to the designated representative in advance of the relevant filing processes and will continue to assist with the monitoring and tracking of progress. Since the DGI will now contact the designated representative directly for any discretionary action, Fragomen can also continue to provide the expertise needed to address any issues with the company representative.

The regulation is expected to be challenged given the lack of notice and discussion prior to issuance, and considering the significant impact of such a change. Fragomen will report on developments as they are made available.

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

Contact Fragomen Del Rey Bernsen Loewy LLP - New York Office

Choose Area of Practice Invalid Area of Practice is requiredFirst Name Invalid First Name is requiredLast Name Invalid Last Name is requiredE-mail Address Invalid E-mail Address is required

Describe Your Legal Matter

{{ (description ? description.length : 0) + '/1000 characters' }}

Invalid Legal Matter is required

Country Invalid Country is requiredZipInvalidZipis requiredCity/Town/LocalityInvalid City/Town/Locality is requiredState/Province/DistrictInvalid State/Province/District is requiredPhone Number Invalid Phone Number is required Preferred Contact Method

By clicking on the "Submit" button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Martindale and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.

You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.

CONSUMER WEBSITES

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by the use of this site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.